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Update on Whether the Word “Negligence” is Required in Florida Waivers

October 29, 2013

By Doyice Cotten

In a November, 2012 post, Florida Waiver Law: Must the Waiver Include the Term “Negligence?”, we learned that for a waiver to be enforceable, the term “negligence,” or its equivalent must be included in a waiver in all Florida districts except the 5th.

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California Inflatable Rock-Climbing Wall Case Rules on Waiver

October 22, 2013

By Doyice Cotten

California waiver law was addressed in a recent inflatable rock climbing wall case (Vinson v. Paramount Pictures Corporation, 2013 Cal. App. Unpub. LEXIS 3380). The case is summarized here,

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Waiver Effectiveness at Senior Adult Recreation Centers

October 15, 2013

By Doyice Cotten

This post looks at two California cases addressing waiver effectiveness at recreation centers focusing on senior adults.

1997

The first case was YMCA of Metropolitan Los Angeles v.

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Waiver Protects Chimp Sanctuary from Suit by College Intern

October 8, 2013

By Doyice Cotten

An Oregon appellate court (Howard v. Chimps, Inc., 2012 Ore. App. LEXIS 986) ruled that a waiver of liability signed by a student doing a college internship adequately protected the chimpanzee sanctuary from liability when the intern was attacked by a chimpanzee. 

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California Waiver Case Examines: 1) Group Waivers, 2) Gross Negligence, and 3) California Civil Code Section 1668

October 1, 2013

By Doyice Cotten

In Jones v. City of Ukiah (2013 Cal. App. Unpub. LEXIS 5125), Ernest Jones was injured sliding into second base in a softball game. He then sued the city alleging negligence,

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Court Makes Clear the Texas Waiver Law

September 24, 2013

By Doyice Cotten

Note: This is a common negligence suit in which the defendant claims protection from a waiver of liability. Seldom do courts describe state waiver law so clearly.

Kimberly Ramirez ,

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Accidents Don’t Just Happen! Sometimes They Are Made!

September 17, 2013

By Doyice Cotten

Recreational activities, sporting events, and injuries (read that lawsuits) go together sort of like love and marriage. For that reason, everyone who organizes such events should be aware of the following facts:

Fact 1 is accidents are apt to happen at any type of event or activity.

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Do You Kayak, Canoe, Swim, Dive, or Participate in Cold Water Activities? You Should Know About This Website!

September 10, 2013

By Doyice Cotten

I was recently introduced to the website coldwatersafety.org. I am the fartherest thing from an expert on cold water safety, however this website provides a lot of information that anyone who participates in or leads groups in cold water activities should know about.

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Waivers NOT Containing the Word “Negligence” Fail in 3 Recent New York State Cases

September 3, 2013

By Doyice Cotten

Some waivers protect; others fail to protect. There are many reasons waivers fall short of providing the protection intended by the provider.  Some reasons include gross negligence involved, violation of statutory duty, unequal bargaining power,

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Wanted: Dead or Alive — Some Risk Management and Common Sense

August 28, 2013

By Doyice Cotten

This post is very different from the normal post on this site. I urge you to watch this video. It is amusing and amazing … and at the same time a little scary.

I don’t think this idea will move to the U.S.

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Sport Risk Consulting
Dr. Doyice J. Cotten
Mary B. Cotten
[email protected]
912-764-4848

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Get up to speed on Waivers & Releases…

What is a waiver and how is it used? Does a waiver always work? Why does a waiver fail? How do I write an effective waiver? What if the client is a minor?

Find out at Liability Waivers 101. . .

DISCLAIMER: The information on this website is intended as accurate and authoritative educational material relative to liability waivers and risk management in sport, recreation, and fitness activities. It is made available with the understanding that the authors and contributors are not engaged in rendering legal advice. Readers requiring legal advice should consult an attorney who is competent in this area. The authors and contributors do not guarantee the accuracy of information presented herein, nor do they guarantee the effectiveness of waivers, releases, or other documents developed based upon information presented.
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